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CC - Item IV. E - Release 8 Bonds _ Tract 47192 - 2401 Del MarTO: HONORABLE MAYOR. AND MEMBERS ROSEMEAD CITY COUNCIL, FROM: RANK G. TRIPEPI, CITY MANAGER DATE: OCTOBER 2, 2001 RE: RELEASE OF BONDS — TRACT 47192 2401 DEL MAR AVENUE A Faithful Performance Bond and a Labor Bond and Material Bond were required to guarantee construction of a street, storm drain, sewer, and appurtenant right of way improvements. In lieu of bonds a Letter of Credit was issued to the City. The City Engineer has inspected the improvements and has found them to be installed satisfactorily. Attached are the undertaking agreement, required surety, and a location map. RECOMMENDATION It is recommended that the City Council release the Letter of Credit and accept the public improvements. � Attachment 2001 rsmd /staff rpt/city AGENDA OCT 0 9 2001 ITEM No. CITY OF ROSEMEAD . UNDERTAKING AGREEMENT'''''' THIS AGREEMENT made and entered this 19th day of July 1990 , by and between the CITY OF ROSEMEAD Sfate of Cali ornia, acting by and through its City Council;' hereinafter referred'to as "CITY" and RICHARD SIEN AND BILL LAU - ` ( NAME) 724 RODMAN CIRCLE, MONTEREY PARK, CA. 91754 (ADDRESS) hereinafter called the "CONTRACTOR ". WITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Ma 1147192 hereby agrees, at the CONTRACTOR'S own cost and expense to 76rnish all labor, materials and equipment necessary to perform and complete, and within twenty -four (24) months from the date of filing of said map, to perform and complete in a good and workmanlike manner, the following work, to wit: Construction of all streets, highways and public ways, sanitary sewerage and drainage facilities, fences, underground utilities, installation of street signs, street lights, water system, setting of survey monuments and all related facilities, and such other improvements required by the ordinances of the, City of Rosemead. Said work shall be done to the satisfaction! of the City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council of the CITY. The estimated cost to do all ,work and furnish all materials necessary to complete the work in accordance with plans and specifi- cations on file in the office of the City Engineer is as shown on Attachment "A" SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof be _liable for any persons or property injured by reason of the nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his agents or employees, in performances of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers and employees, in performance of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers and employees, from any and all claims, demands, causes of action, Li or, loss.of any sort because; of, 'or, arising out of, the acts or omissions.�ofjhe CONTRACT.OR,: his agentsiand;iemliloyees in the perfor- mance of this agreement, or arising out of the use of any patent or patented article in the performance of said agreement. THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond, and to the agents, employees, and contractor of either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work. This permission shall termi- nate in the event that the CONTRACTOR or the Surety has completed the work within the time specified or any extension thereof granted by the City Council. FOURTH: It is further agreed that the CONTRACTOR shall have the control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to .carry out this agreement. FIFTH: It is further agreed that the CONTRACTOR has filed with the CITY a Surety Bond in an amount equal to at least one hundred percent of the estimated cost of this work, as specified in Attachment "A ", for the faithful performance of this agreement; and a separate Surety Bond in an amount equal to at least fifty percent of the estimated cost of this work, as specified in Attachment "A ", for the payment of all persons performing labor and furnishing materials in connection with this agreement. If the Sureties on said Bonds, in the opinion of the CITY, become insufficient, CONTRAC- TOR agrees to 'renew said bonds with good and sufficient Sureties within ten days of the, receiving notice that said Sureties, are insufficient. SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the time specified, or within such extensions of said time as have been granted by the City Council, or if the- CONTRACTOR violates or, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement, and, notice in writing of such default shall be served upon him and upon any Surety in connection with this con- tract. The City Council shall have the power, on recommendation of the City Engineer, to terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter occur because of such. default. The determina- tion by the City Engineer of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and any and all other parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. SEVENTH: In case suit is brought upon this contract, the CONTRAC- TOR hereby agrees to pay to the CITY a reasonable attorney's fee to be fixed by the Court. EIGHTH: It is further,.agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this contract, said extension may be granted by the City Council, either at its own option, or upon request of the CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of this agreement and 'affix their names, titles, and seals this day as above indicated. By President By (Seal) J . BY M Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) BY Mayor of the City of Rosemead Attested City Clerk of the City of Rosemead Agr71 OF FIRST AMENDMENT TO UNDERTAKING AGREEMENT FOR TRACT MAP NO. 47192 - 2405 DEL MAR AVENUE AND 7701 -7713 GRAVES AVENUE THIS FIRST AMENDMENT to Undert king Agreement is made and entered into this �Q day of u, 1993, by and between the CITY OF ROSEMEAD, a mun cipal corporation, hereinafter referred to as "CITY" and RICHARD SIEN AND GRACE SIEN, husband and wife and BILL LAU AND MARY LAU,'husband and wife and TUNG -HWA CHANG AND CHIOU JING - JIANG, CHANG, hueband. -and wife hereinafter collectively referred to as "CONTRACTOR ". 1. The parties hereto wish to amend the original agreement between the parties, dated July 19, 1990, a true and correct copy of which is attached hereto, marked Exhibit " A " and incorporated herein by this reference. 2. Paragraph "FIFTH" of Exhibit " is :;.ereby. deleted in its entirety and replaced with the following provision:. FIFTH:_ Contemporaneously with the execution of this Agreement, CONTRACTOR shall file with the City a Note Secured by a First Deed of Trust in the amount of Six Hundred Four Thousand Five Hundred Dollars ($604,500). to guarantee faithful performance of all of...the. provisions of this contract and to secure payment of all persons performing labor and furnishing materials in connection with this agreement. Prior to commencement of work or, earlier, upon demand of City, CONTRACTOR shall replace the note and deed_of trust with cash or a Surety Bond in an amount equal to at least one hundred percent of the estimated.cbst of work, as specified in Attachment "A ", for the faithful performance of this agreement; and a separate Surety Bond in an amount equal to at least fifty percent of the estimaa:ad comet of this woL as specified is Attachment "AA ", for the payment of all persons performing labor and furnishing materials in connection with this agreement. If the Sureties on said Bonds, in the opinion of the City, become insufficient, CONTRACTOR agrees to renew said bonds with good and sufficient Sureties within ten days of the receiving notice that said Sureties, are insufficient. 3. The first sentence of paragraph "FIRST" is hereby amended to read as follows: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map #47192, hereby agrees, at the CONTRACTOR'S sole cost and expense to furnish all labor, materials, and equipment necessary to perform and complete, and within forty eight (48) months from June 26, 1991 (date of recordation of final map), to perform and complete in a good and workmanlike manner, the following work, to wit: 4. Except as specifically amended by this FIRST AMENDMENT,, the Agreement (Exhibit A hereto) between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the date first written above. CONTRACTOR Rich Sien - Grace Sien z. Bill Lau Mar Lau Tung -Hwa Chan �Tl.(6it.4 G ire Chiou Jing- iangg CHA1\IG NEC.")RDING REQUESTED BY AND WHEN RECORDED MAIL TO No ,,, CITY OF ROSEMEAD 8838 E. Valley Blvd 93 1783911 RDEDIFiLED IN OFFICIAL RECOPD£ RECORDER':: OFFICE . LOS ANC -EI_ES CGUPlTY C/t!_IFORINIA H ,,,, MIN. 1 A PMior_r lx 1993 Aeer... Rosemead, CA 91770 FAST �.', � t:nr 8 FREE - - 1 soul L Attn: Alfonso Rodriguez — e It/ SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL) _ A.P.N._ This Deed of Trust, made this 26th day of August, 1993 between RICHARD SIEN, GRACE SIEN, BILL LAU,.MARY'LAU, TUNG —HWA CHANG AND.CHIOU JING —JIANG whose address is 1379 Sunnyslop Place, Monterey Park, CA 91754 (number and street) (city) MODERN ESCROW COMPANY, herein called TRUSTEE, and CITY OF ROSEMEAD herein called TRUSTUR, (slate) (zip) , herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in City of Rosemead;, Losi Angeles County, California, described as: LOTS 1 TO 31 INCLUSIVE OF TRACT NO. 47192, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1175 PAGES 57 TO 59 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph ( 10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: I. performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even dale herewith, and any extension or renewal thereof, in the principal sum t of S_6.O,4.,.500... OD.— execuled by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is.so secured. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions ( I 1 to ( 14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 19. 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said properly is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alorn.da 435 664 Kings 792 833 ►lour 895 301 Siena 29 335 Alpine 1 250 lake 362 39 Plumes 1St 5 Sickiyau 468 lei Amide, 104 348 Loss.n 171 471 Riv.rcid. 3005 523 Sol... 1105 182 Burnt 1145 1 tos A.g.l.s T2053 It" Sacramento 4331 62 senemo 1851 689 Colonras 145 152 Madam 810 170 Son Ban;te 271 mli Aanidem 1715 456 C.Iusa 296 617 Merin 1508 339 Son Bernardino $567 61 Sun., 572 297 Co.". Costa 3978 47 Mariposa 77 292 Son Francisco, A332. 905 Tebamo 401 289 D.I Notts 78 414 Mendocino h 579 S30 San Joaquin 2470 311 Trinity 93 366 III Derado 568 456 Mvud 1547 338 San Luis Obispo 1151 12 Tulare 2294 27S h.mo 4626 572 Modoc i 184 851 San Mateo "- 4078' 420 T,.I.no r 135 47 Glenn 422 184 Mona 52 429 Santa Barbara 1878 860 Wntura 2062 386 Nunth.ldt 657 $27 Montooy 12194 538 Santo Clore 5336` 341 Yale 653 245 Impoial 1091 Sol Napa 639 66 Santo Ccoa '.1431 494 Yuba 334 486 Inya 147 598 Nwoda 305 320 Shasta 684 528 Eon 3427 60 Going. ,5889 611 Son Di.pa Soi. 2 Book 1961, Poe. 183687 f h I which provisions, identical in all counties, are printed on the r.•xerse heeof) hrtehy arc adopu-d and mado a 1 1,11 hereof as fully as though set forth herein at length; (Its( he will observe and perform 'said pnoi.om.; and that the referrnrrs u- pngrerry. obligations, and parties in said provisions shall be construed to refer b, the prngrer Ly, obligations, and genie, set hoth in Ihi, Derd ..f Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any N1dice or Sale hvrrunder he mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA, ) } SS. COUNTY OF ) ' On before me, the under- signed, a Notary Public in and for said State, personally appeared known to me, to be the person_ whose name— —subscribed to the within instrument and acknowledged Thal __executed the same. WITNESS my hand and official seat. Signature Mary Lau Tung= Hwa Chang v a Ace Chiou Jing—Jiang'siiChan GALIFUHKiA ALL-PURPOSE ACKNOWLEDGMENT _ N9.5193 State of Ca lifornia ®,OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Los Angeles - Though statute does not require the Notary to - fill in the data below, doing so may prove ' Invaluable to persons relying on the document. On 9-10 -93 before me, BETTY 0. SIT INDIVIDUAL DATE NAME, TITLE OF OFFICER E.G..'JANE DOE, NOTARY PUBLIC CORPORATE OFFICER(S) personally appeared RICHARD SIEN and GRACE SIEN and BILL LAU and MARY LAU NAME(S)OF SIGNERS) - TITLE(S) ' ❑ personally known to me - OR -)W proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is /are ❑ GENERAL subscribed to the within instrument and ac- ❑ ATToRNEY -IN -FACT knowledged to me that he /she /they executed ❑ TRUSTEE(S) the same in his /her /their authorized GUARDIAN/CONSERVATOR capacity(ies), and that by his /her /their signatures) on the instrument the person(s) E] OTHER: ` BETTY O. SIT or the entity upon behalf of which the 3 0 comm psa9t2o /y oTARYPNaLIG CALIFORNIA^ person(s) acted; executed the! instrument. LOS ANGELES COUNTY \, Comm -s " WITNESS id SIGNER IS REPRESENTING: Expires 124,1997 my nd off Ici I seal. NAME OF PERSON(S) OR ENTITY(lES) BETTY 0 1 'S ATURE FNOTARY , / ZONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR E OF DOCUMENT - THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE • �• • • �......�� • • ocoo nnnnmar Ave., r.U. box (184 • Uanoga Park, CA 91309 -7184 li LIF VFIIY IA E ACKNOWLEDGMENT State of California l County of Los Angeles J On 9 -10 -93 before me, BETTY 0. SIT DATE NAME, TITLE OF OFFICER - E. G, 'JANE DOE, NOTARY PVBLIC personally appeared GRACE SIEN NAMES) OF SIGNER(S) ❑ personally known to me - OR - proved to me on,the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the;within instrument.and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument, the person(s), or•the eritity upon behalf of which the BETTY O. SIT person(s) acted, executed the instrument: Comm, pg89120 D IARY LOSAN GELE S COUNTY l! P UBLI C CFORNIAo WITNESS my h and officiaj seal 97 - LOS AN / Comm Expires MarO 24, 19 I BETTY 0. SL7 5 ' THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYP THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYUES) 1 -- 1:11,,1 . - . ...--. v. „ :..- IvUIi yr T UA I C UY UUL:UIvi I SIGNER(S) OTHER THAN NAMED ABOVE _ WIVU4 NA r UNAL NU I ANY AJSUUTA I PUN • U235 Hammel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 -' AECORDING nEOUEST'ED UY r AND WNEN nECOn DED MAIL TO N.we GRACE SIEN 724 RODMAN CIRCLE MONTEREY PARK, CALIF. 91754 arse L J 91- 589853 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY. CALIFORNIA 3l AST. fpm APR �_,( 1991 SPACE ABOVE THIS LINE FOR RECORDER'S USE f .Xnr r r!� 1I € tnr'EtpV FEE �7 C ,l fir r r �. va s... _ _. 2 GENERAL _... ,. :. :.. :: BY 'I'll] THIS POKER OF ATTORNEY':; ,.___.• __ . Tung — ffwa, Chang and Chiou Ding -iiang, Chang, also ]mown as Chiou J.J. Chang ................................................................................................... : ........................ .................:...........of the City of i (Name or names of person or persons gMng' this power hereinsfier referrer; to u Pyircipal) Taipei ................. ............................... ....: .............. ..... aiwan....................................... .........6.......6............. do.......... appoint...C.orace Sien of the County of Los Angeles, State of California, United ................. ............................... .................................. ............................... State of Americ .. ...........................rue and lawful attorney...�fi fact for us and in our names. In principal's name, and for principal's use and benefit, said attorney ........ is authorized hereby: (1) to demand, sue for, collect, and receive all money, debts, accounts, legacies, bequests, interests, dividends, annuities, and demands as are now or shall hereafter become due, payable, or belonging to principal, and to. take all lawful means, for the recovery thereof and to compromise the same, and give discharges for the ' same; (2) to buy and sell land, make contracts of every kind relative to land, any interest therein or the possession thereof, arid to take possession and exercise control over the use thereof; (3) to buy, sell, mortgage, hypothecate, assign, transfer, and in any manner deal in and with goods, wares, and merchandise, choses in action, certificates or shares of capital stock, and other property in possession or in action, and to make, do, and transact all and every kind of business of whatever nature; (4) to execute, acknowledge and deliver contracts of sale, escrow instructions, deeds, leases including leases for ierals e. hydrocarbon substances and assignments of leases, covenants, agreements and assignments of agreements, mortgages and assignments of mortgages, conveyances in ;sus: :o , acure i..ceb ?edr:ess cr other obli ations, and assign Ilse beneficial ;merest thereunder, subordina (ion s. of liens or encumbrances, bills of la�ing, bills, bonds, notes, receipts, evidences of debt, releases and satisfactions of mortgages, re- quests to reconvey deeds of trust, partial or full, judgments, and other debts, and other instruments in writing of whatever kind and nature, all upon such terms and conditions and under such covenants as said attorney ........ shall approve. (5) to execute, exchange, grant or. convey real property.,, ...- ............................................................................................................................................................. ............................... .................................................................................................................................................................. ............................... GIVING AND GRANTING to said attorney .......... full power find authority to do sll and every act and thing whatsoever requisite and necessary to be done, telative any of the foregoing as fully to all intents and purposes as principal might or could do if personally present. ' All [flat said attorney........ shall lawfully do or cause to be done under the authority of :hit ,lower of attorney Is expressly approved. p Dated ....... / ".L"......'... /. �/ .L........... y ............. before e, the undersigned. a Notary Publi n and for said personally appeared personally known to me oved to me on the bass of satisfactory evidence be thep nts) whose. name(s). is (are) subscribed he within inslrume nd acknowledged that executed the same. •�.i. •`; '.Cungfyaaa, ' ✓ ........................... ............................... FOR NOTARY SEAL OR STAMP \ �• Title Order No.__ —. F. rrow No. T Ci. c.1' o£ Ta�Fei in d p�,ec ican lost it O£flce "hl, Tal S.S. C — ch , 1991, before me, Mar , 27th day of PL 9 On this gpecial Notary Shirley Lee DING JIANG CHANG, CHANG and CHIOU or proved appeared, TUNG -HwA �f�bda �Ah11k� burl lW hd�l personally - the persons �l�fvtla�Elul.lSllr�!!� evidence) to be gnJ�d lYckdo� 1 tort' and acknow- to me on the ball' of satisfac bed to subscri the within instrument, whose na me s are t they seal the the same. H first- ex ecuted day and year - that d officia an l Fitness my hand - above Wri tten* F Shi,.leqq Lee (pL96 -8) Special T7o UALIFIID DULY�� 2 � r�8. 1992 NfY 91 559853 SECOND AMENDMENT TO UNDERTAKING AGREEMENT FOR TRACT MAP NO. 47192 - 2405 DEL MAR AVENUE AND 7701 -7713 GRAVES AVENUE THIS SECO AMENDMENT to Undertaking Agreement is made and entered into this 1 7 Day of 1996, by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter r rred to as "CITY" and RICHARD SIEN AND GRACE SIEN, husband and wife and BILL LAU AND MARY LAU, husband and wife and TUNG -HWA CHANG AND CHIOU JING -JIANG CHANG, husband and wife, hereinafter collectively referred to as "CONTRACTOR ". 1. The parties hereto wish to amend the original agreement between the parties, dated July 19, 1990, and First Amendment to Undertaking Agreement between the parties, dated June 22, 1993, true and correct copies of which are attached hereto, marked Exhibit "A" and Exhibit `B ", respectively, and incorporated herein by this reference. 2. Paragraph "FIFTH" of the Undertaking Agreement is hereby deleted in its entirety and replaced with.the following provision: FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR shall file with the CITY a Irrevocable Letter of Credit in an amount of Six Hundred Four Thousand Five Hundred Dollars ($604,500) to guarantee faithful performance all of the provisions of this agreement and for the payment of all persons performing labor and furnishing materials in connection with this agreement. If the Letter of Credit, in the opinion of the CITY, becomes insufficient, CONTRACTOR agrees to renew said Letter of Credit within ten days of receiving notice that said Letter of Credit is insufficient. The first sentence of paragraph "FIRST of the Undertaking Agreement is hereby amended to read as follows: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map No. 47192, hereby agrees, at the CONTRACTOR'S sole cost and expense to furnish all labor, materials, and equipment necessary to perform and complete, and within seventy two (72) months from June 26, 1991 (date of recordation of final map), to perform and complete in a good and workmanlike manner, the following work, to wit: 4. Except as specifically amended by this SECOND AMENDMENT, the Agreement (Exhibit "A" hereto) and First Amendment to Undertaking Agreement (Exhibit `B" hereto) between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on the date first written above. ATTEST: By: /�/ �— �/( //��i�0�c%c C'ty Clerk -- CITY OF ROSEMEAD IC FAi� CONTRACTOR I [Single Form] STATE OF C FORM pp County of c — ICl L } ss. On before me, the personally appealed 41 ed ti ^,' �f n t C. n , J 041, �t (I v tA Grace Sien Bill Lau a Notary Public in and for said personally known to me (or proved to me on the basis of satistactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. 1 7 r s x Zll79ES°ogs — . NotarL Pudic in and for said County and Sum EMILY K. CHEN Commissiont1076817 Z Z -43; Notary Ptfollc — Copfomla Z j 'I Los AngelesCotMy e My Comm. Expires Nov 6. IM (Notar�'s name must be typed or legibly printed) ORDER . APN WHEN RECORDED MAIL TO Sew Grace Sien e A° h °fe ' 724 Rodman Circle - S.Uzp Monterey Park, CA 91754 L J 93 1 5 6477 CORDED /FILED It! FF!C! R ECORDS RECORDER'S OFFICE. LOS A NGELES D NiY CALIFORNIA 4:41 PM NOV 20 1995 SP4Cd ABOVE 7rrrS LM FOR BECOBDFR'S Power of Attorney - General KNOW ALL MEN BY THESE PRESENTS- t Tung -Hwa, Chang an d Chiou,Jing- Jiang, Chang, also known as Chiou J. J. Chang has/have made, constituted and appointed, and by these presents do /dots hereby make, constitute and appoint Grace Sien of the County of Los Angeles, State of California my /our true and lawful Attomey(s) for me /us and An my lour name(s), place(s) and stead(s) to ask, demand, ... sue" for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due, owing, payable, or belonging to the undersigned; and have, use, and take all lawful ways and means in the name of the undersigned, or otherwise, for the recovery thereof, by legal process, and to compromise and agree for the same, and grant acquittances or otb'er discbarges for the same, for the undersigned, and in the name of the undersigned to make, seal, and di liver the same; to compromise any and all debts owing by the undersigned; and to convey, transfer, and /or assign any property of any kind or character belonging to the undersigned in satisfaction of any debt owing by us or either of us; and to bargain, contract, agree for, purchase, receive, and take lands, renemems,, hereditaments, and accept the seizin and possession of all lands, and all deeds, and other assurances in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, convey in trust, and hypothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as said Attorney shall think fit; to exchange real or personal property for other real or personal property, and TO execute and deliver the necessary instruments of transfer or conveyance to consummate such exchange; to execute and dcbvcr subordination agreements subordinating any lien, encumbrance or other nght in real or personal property to any other lien, encumbrance, or other right therein; also to bargain and agree for, buy, sell, mortgage, hypothecate, convey in trust or otherwise, and in any and every way and manner deal in and with goods, wares and merchandise, chosen in action, and othcr property in possession or in action, including POw tir Of A - Gener kaAdaued o+, +w. eW) ORT 165 [1/941 P486 t of t 5C yy4�f'C:�`I r - a •.+ v « « <7c,coro v., ,.a �.,i va..riun T I.ia rc: ar unu o:.- c n l authonty to utilize my eligibility for VA Guaranty; also to transfer, assign, and deliver S1OCk and the certificate or certificates evidencing the ownership of the same; and to make, do, and transact all and every kind of business of what nature and kind soever; and, also, for the undersigned and in the name(s) and as the act and deed of the undersigned, to sign, scat, execute, deliver, and acknowledge such deeds, covenants, leases, indentures, agreements, mortgages, deeds of trust, hypothecations, assignments, bonomiics, charter parties, biUs of lading, bills, bonds, notes, receipts, evidences of debts, releases, and satisfactions of mortgage, judgment and other debts, and such other instruments in writing, of whatever kind of nature, as may be reasonable, advisable, necessary, or proper in the premises. Each and all of the powers herein granted shall be exercised by said Attorney whether the property affected be separate, community, or any other Icind of property, or whether now owned or hereafter acquired. Date 'Nov.. 14 1995 STATE OF CALIFORNIA County of Los Angele }ss. On " Nova 14 1995 WOW me, the undersigned, a Notary Public in and for said State, personally appeared Tung'�Rwa Chang and Chou J. J. Chang personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capaciry(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official se i ury Public in sad for sai Co wy and State Giving and granting unto said Attorneys) fall power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premtses, ns Mly to all intents and purposes as the undersigo¢a: p;lggtr or" could do `it personally present, *.the uadersioo hereby expressly ratifying and confirming 01 that said Attorney shall lawfull do or: cause To be done by virtue of these presents. wit, ch Tung wa Chang Chiou J.J. h /NOTARY STAW OR SBALJ (Notary's uame must be typed or legibly printed) YU -HSIO KAO (7 Conm. Bt 444J91 Own :Oy[Lle C.uPoRNU� .w Nat.[t camvr n 95 1856477 Powor of Attorney ORT 16S (1)941 Pare 2 of 2 q .. International 46ilshire Building South Grand Avenue Angeles. CA 9001 1--33 79 213 -666 -6600 1 13 -686 -6660 E. {'NO. l94M6,.1/ER1NTL LS4 �7 '111- ljC! 1 it�rc;ulili ORIGINAL STANDBY LETTER OF CREDIT NO. SL 97002 December 30, 1996 Mr. Fred Wickman City Engineer City of Rosemead 8838 E. Valley Blvd., Rosemead, ca. 91770 Gentlemen: IMPROVEMENT, LABOR AND MATERIAL SECURITY FOR TRACT MAP NO. 47192 At the request of Bill Lau, Mary Lau, Richard Sien, Grace Sien, Tung -Hwa Chang and Chiou Jing- Jiang Chang, 220 S. First Street 9101 Alhambra, CA 91801 (hereinafter "Principal ") the undersigned, American International Bank, 624 S. Grand Avenue Los Angeles, CA. 90017 -3379 (Hereinafter "Bank "), does hereby establish in favor of the CITY OF ROSEMEAD (hereinafter "city ") this Irrevocable standby Letter of Credit No. SL97002 in the amount of US DOLLARS SIX HUNDRED FOUR THOUSAND FIVE HUNDRED ONLY (USD604,500.00). This letter of Credit is issued with respect of Principal's obligation to construct certain public works improvements (hereinafter "Improvements ") on that certain real property in the City known as Northwest Corner of Del Mar and Graves, Rosemead, California in accordance with the terms and conditions set forth in the Subdivision Agreement dated this 11th day of July, 1989 executed between Principal and City. Funds under this Letter of Credit are to be paid to City at sight upon City's presentment of drafts at Bank's branch located at 624 S. Grand Avenue Los Angeles, CA. 90017 -3379 or at such other branch of Bank designated in writing to City, stating that such drafts are "drawn under Irrevocable standby Letter of Credit No. SL97002" and accompanied by a written statement signed by City' Engineer or the Clerk of the City in one of the four following forms: 1. "The undersigned hereby certifies that there has been nonperformance of the duties or obligations of Principal to construct the Improvement in accordance with the terms of the Subdivision Agreement, and the amount of money required by City to pay all costs and expenses related to such Improvement is The City hereby demands to draw against the Letter of Credit the foregoing amount." Page 1 of 3 .an�ntcaly B P-M,1770NAL ii i B.9ArK International So rh Grand Avenue Angeles. CA 90017 -3379 213 -688 -8600 213- 688 -8680 EV NO. 194686.-t.41ERINTL LS9 M ORIGINAL STANDBY LETTER OF CREDIT NO. SL97002 2. "The undersigned hereby certifies that there have been negligent acts or omissions in the performance of the duties or obligations of Principal to construct the Improvement in accordance with the terms of the Subdivision Agreement, by Principal, its officers, employees or agents, and the amount of money required by City to pay all costs and expenses related to such negligence and the completion of the Improvements is . The City hereby demands to draw against the Letter of Credit the foregoing amount. •' 3. The undersigned hereby certifies that there has been nonperformance of the duties or obligations of Principal to pay for labor and or materials furnished with respect to the Improvements. The amount necessary to pay the contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the Improvements for materials furnished or labor thereon is The City hereby demands to draw against the Letter of Credit the foregoing amount OR 4. "The undersigned hereby certifies that (a) the Bank's Letter of Credit No. SL97002 will expire in less than thirty (30) days from the date of this draw request, (b) the final inspection and acceptance of the Improvements has not been made by the City, or was inspected and accepted by the City less than one (1) year prior to such expiration date, and (c) Principal has failed to obtain and deliver to the City a replacement Letter of Credit in the amount of the Bank's Letter of Credit issued by a financial institution acceptable to the City, with a term commencing on the expiration date of the Bank's Letter of Credit and expiration on the date one (1) year from the date of the City's Letter of Credit No. SL97002 The city hereby demands to draw against the Letter of Credit in the amount of Page 2 of 3 i International 624 South Grand Avenue LosAngeles. CA 9001 7-3379 TEL: 13 -688 -8600 FAX 213- 68R -8680 TELEV NO. 1946R6.4.17ERL4 LS4 ri �' - I 1' `'1I j Uri "V0 ORIGINAL STANDBYLETTER OF CREDIT NO. SL 97002 This Letter of Credit shall continue in force until the day of May 25, 1998 and shall thereafter automatically renew for successive one (1) year periods unless the Bank notifies the City by Certified mail at least sixty (60) days before the then - applicable expiration date that this Letter of Credit will not be renewed. This Letter of Credit shall be governed by, and construed in accordance with, the laws of the State of California and, to the extent not inconsistent therewith, the Uniform Customs, and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce, Paris, France, Publications No. 500:' _. . Bank Expressly agrees that all drafts drawn under and in compliance with the terms of this Letter of Credit shall be met with due honor upon presentation. American International Bank By: Rosen ry C ang AVP/Int'1 Operations Officer By: May Lo /Credit icer Int'l Bankin roup Page 3 of 3 International {F7lshire Building South Grand Avenue . An¢ele.s. CA 9001; -3379 21.3-688 -8680 i NO. 194686 AifERINTL LS4 ORIGINAL STANDBY LETTER OF CREDIT NO. SD 700 t December 1996 City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Gentlemen: Please consider this letter an instrument of credit pledging that US$22,500.00 (US Dollars Twenty Two Thousand Five Hundred only) is deposited by Bill Lau, Mary Lau, Richard Sien, Grace Sien, Tung -Hwa Chang and Chiou Jing -Jiang Chang at.220 S. First Street 4101 Alhambra, Ca 91801, as Guarantee for payment for the;improvement securities on Tract/Parcel Map 47192 . In compliance with Section No. 66497 of the government code, we are regulated by the Federal or State government and agree that the funds designated by this instrument shall become a trust fund for the purpose set forth in this instrument. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without - amendment for one (1) year from the present or any future expiration date hereof, unless at least sixty (60) days prior to any such expiration date we shall notify you by registered mail that we elect not to consider this Letter of Credit renewed for such additional one (1) year period. Notice hereunder, shall be deemed to have been given when mailed to you by registered mail. Upon receipt of such. notice you may draw on said Letter of Credit by means of your drafts drawn on us.at sight accompanied by: The beneficiary's written statement, signed by the City engineer stating that the amount of this draft or a portion hereof is due and payable. We hereby engage with the drawers, endorsers and bona fide holders that each draft drawn under and in conformity with the terms and conditions of this Credit and accompanied by the above specified documents will be duly honored if presented for negotiation at the above issuing office on or before May 25, 1998. May Lo /Credit fficer Rosemary hang/AVP Int'l Banking roup Int'l Operati ns officer MAYOR: ROBERT W. BRUESCH MAYOR PRO TEM: JOE VASQUEZ COUNCILMEMBERS: MARGARETCLARK JAY T. IMPERIAL GARY A. TAYLOR June 10, 1998 oscmcad 8838 E. VALLEY BOULEVARD! P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 288 -6671 FAX (626) 307 -9218 Mr. Richard Sien and Mr. William Lau 220 S. First Street, #101 Alhambra. CA 91801 Re: Reduction of Bonds Tract 47192, 2401 Del Mar Avenue Dear Mr. Sien and Mr. Lau: I have reviewed your request to reduce the amount of the surety bonds for the subject tract, now that a majority of the future public improvements have been constructed. Your request to reduce the bonds will be granted. The total release of the bonds will not be allowed because the improvements have not be officially accepted by the City Council, which will not occur until all improvements and have been constructed and accepted by the City Engineer. As we previously discussed, you will be required to continue to bond for the improvements that still need to be constructed as well as for any damage that may occur to the existing improvements as a result of the building construction activity. The new bond amounts shall be $100,000 and $50,000 for Faithful Performance and Labor and Material, respectively, or in the form of a new Letter of Credit in the amount of $150,000. This is based on the estimated cost of $100,000 for this work, as follows: 1. 0.15" AC Cap 225 tons @ $45 /ton = $10,130 2. R &R 25% of Roadway 5,000 sf @ $35 /sf = 70,000 3. R &R 10% of Sidewalk 610 sf @ $4 /sf = 2,440 4. R &R 10% of curb /gutter 125 ft @ $15/ft = 1.875 Subtotal = $84,445 20% Contingency = 16,889 Total $101,334 June 10, 1998 Page 2 . With the concurrence of the City Attorney, executing a new undertaking agreement will not be necessary; however, except for the bond amounts, all other provisions of the agreement shall remain in effect. Therefore, to reduce the amount of the surety, bonds or a new letter of credit may be submitted to the City. The new surety will be exchanged for the current Standby Letter of Credit issued by American International Bank. If you have any questions, please contact me at (626) 288 -6671. Very truly yours, CITY OF ROSEMEAD Ken Rukavina,,P.E. City Engineer Copy: City Clerk KJR:kr 1998/sub maps/47192 - - 0 L\T R M77 �vrERIV,97TO 'not n ^ { j r. n re BANK O 0 U Ul 14 International Bankinq Group ORIGINAL 64 Smah Grand.9nenue LosAngeles. CA 9001- -33 TEL: 213- 688.8600 FAV. 213 -688 -86810 TElE1 "N0. 194 686.11;EAJ. \'TL LS9 STANDBY LETTER OF CREDIT NO. SL 97002 December 30, 1996 IMPROVEMENT, LABOR AND MATERIAL SECURITY FOR TRACT MAP NO. 47192 Mr. Fred Wickman City Engineer City of Rosemead 8838 E. Valley Blvd., Rosemead, ca. 91770 Gentlemen: At the request of Bill Lau, Mary Lau, Richard Sien, Grace Sien, Tung -Hwa Chang and Chiou Jing- Jiang Chang, 220 S. First Street 4101 Alhambra, CA 91801 (hereinafter "Principal ") , the undersigned, American International Bank, 624 S. Grand Avenue Los Angeles, CA. 90017 -3379 (Hereinafter "Bank "), does hereby establish in favor of the CITY OF ROSEMEAD (hereinafter "city") this Irrevocable standby Letter of Credit No. SL97002 in the amount of US DOLLARS SIX HUNDRED FOUR THOUSAND FIVE HUNDRED ONLY (USD604,500.00). This letter of Credit is issued with respect of Principal's obligation to construct certain public works improvements (hereinafter "Improvements") on that certain real property in the City known as Northwest Comer of Del Mar and Graves, Rosemead, California in accordance with the terms and conditions set forth in the Subdivision Agreement dated this 11th day of July, 1989 executed between Principal and City. Funds under this Letter of Credit are to be paid to City at sight upon City's presentment of drafts at Bank's branch located at 624 S. Grand Avenue Los Angeles,,CA. 90017 -3379 or at such other branch of Bank designated in writing to City, stating that such drafts are "drawn under Irrevocable standby Letter of Credit No. SL97002" and accompanied by a written statement signed by City Engineer or the Clerk of the City in one of the four following forms: "The undersigned hereby certifies that there has been nonperformance of the duties or obligations of Principal to construct the Improvement in accordance with the terms of the Subdivision Agreement, and the amount of money requ The City hereby t demall cos and draw expenses related to such Improvement is Y Y against the Letter of Credit the foregoing amount." Page 1 of 3 an�Eluc IMERNA770NAL _— BANK International B 624 South Grand Avenue Los Angeles. CA 9001' -3379 TEL: 213- 688 -8600 F 213 -688 -8680 TELFV N0. 194686 A41EPJNTL LS4 M ORIGINAL STANDBY LETTER OF CREDIT NO. SL97002 2. "The undersigned hereby certifies that there have been negligent acts or omissions in the performance of the duties or obligations of Principal to construct the Improvement in accordance with the terms of the Subdivision Agreement, by Principal, its officers, employees or agents, and the amount of money required by City to pay all costs and expenses related to such negligence and the completion of the Improvements is . The City hereby demands to draw against the Letter of Credit the foregoing amount. N. 3. The undersigned hereby certifies that there has been nonperformance of the duties or obligations of Principal to pay for labor and or materials furnished with respect to the Improvements. The amount necessary to pay the contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the Improvements for materials furnished or labor thereon is . The City hereby demands to draw against the Letter of Credit the foregoing amount. e 4. "The undersigned hereby certifies that (a) the Bank's Letter of Credit No. SL97002 will expire in less than thirty (30) days from the date of this draw request, (b) the final inspection and acceptance of the Improvements has not been made by the City, or was inspected and accepted by the City less than one (1) year prior to such expiration date, and (c) Principal has failed to obtain and deliver to the City a replacement Letter of Credit in the amount of the Bank's Letter of Credit issued by a financial institution acceptable to the City, with a term commencing on the expiration date of the Bank's Letter of Credit and expiration on the date one (1) year from the date of the City's Letter of Credit No. SL97002 The city hereby demands to draw against the Letter of Credit in the amount of Page 2 of 3 IATE IC9N L7�7'ERAC9770T'.AL International South Grand.,cenue - Angeles.CA 9001' -B379 213- 683 -8600 ': ?li -6FF -680 EVY0. 1946r6.tLVEAINTL LS9 v `.: it .r-t ORIGINAL STANDBYLETTER OF CREDIT N0. SL 9 7002 This Letter of Credit shall continue in force until the day of May 25, 1998 and shall thereafter automatically renew for successive one (1) year periods unless the Bank notifies the City by Certified mail at least sixty (60) days before the then - applicable expiration date that this Letter of Credit will not be renewed. This Letter of Credit shall be governed by, and construed in accordance with, the laws of the State of California and, to the extent not inconsistent therewith, the Uniform Customs, and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce, Paris, France, Publications No. 500. Bank Expressly agrees that all drafts drawn under and in compliance with the terms of this Letter of Credit shall be met with due honor upon presentation. American International Bank B Roserritiry C ang AVP /Int'l Op Officer By: d✓ May Lo /Credit cer Int'l Bankin roup Page 3 of 3 �� .._. ��� \� c� �� ���.�� �. � �E ������ y ra.,, 8 � t ���, �� � o � ` ---« G � �' � A 0 R �� V F - n� N f0 � c'�' �'t'1 eh � 1 �� \ � 1' Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Items CC -A, CC -C, and CC -D were pulled for discussion purposes) CC -B AUTHORIZATION FOR ROSEMEAD STAR DEPUTIES TO ATTEND THE CALIFORNIA NARCOTICS OFFICER'S ASSOCIATION TRAINING INSTITUTE, NOVEMBER 17-20,2001, MONTEREY ,0;;CC -E RELEASE OF BONDS — TRACT 47192 —2401 DEL MAR AVENUE CC -F ACCEPTANCE OF WORK FOR REMOVAL AND REPLACEMENT OF STREET TREES ON MARYBETH AVENUE (MARSHALL /OLNEY) CC -G REQUEST TO EXTEND "NO PARKING" CURB AT 8657 GRAND AVENUE — CALIFORNIA AMERICAN WATER COMPANY CC -H PURCHASE OF PATRIOTIC BANNERS FOR VALLEY BOULEVARD AND GARVEY AVENUE STREETLIGHT POLES MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -A ACCEPTANCE OF PARCEL MAP 26081 — 9427 PITKIN STREET Councilman Taylor asked when a property owner dedicates land, what is the procedure in transferring it to the City? Ken Rukavina, City Engineer, responded that when the final map is recorded by the County Recorder's office, the dedication is then reflected on the County Assessor's records for that parcel and becomes a legal document. CCMIN:10 -9 -01 Page 43